Q: How to object to probate petition if not included by sister?

A: You need to file a Petition to Determine Heirship. Your best option is to see the assistance of a qualified attorney who can put together the legal documents, support the pleading with appropriate legal authority and admissible evidence, file that Petition with the court and set it for a hearing. If you would like a free consultation, please feel free to reach out to MiltonLaw.

A: If your sister’s probate petition did not list you and your brother as interested parties, you can file a written “Objection to Petition for Probate” before the hearing date. In the objection, you should clearly state that you are heirs of your father’s estate, that you have been living in the property since 2011, and that you have contributed substantial amounts toward the mortgage. Explain that you have a legal interest in the estate and that you believe your exclusion from the petition is improper. Attach any supporting evidence such as mortgage payment records, correspondence, or proof of residency.

File your objection with the probate court where the petition was filed, making sure to include the case number and hearing date. Serve a copy on your sister (or her attorney, if she has one) in compliance with California probate rules. If you can, bring extra copies to court and be prepared to explain to the judge why you should be included as an heir and how the sale or eviction would affect you.

Because the next hearing is August 21, you should act quickly to prepare and file the objection, ideally several days before the hearing. At the hearing, attend in person and be ready to speak to the judge about your relationship to the deceased, your contributions to the property, and your interest in the estate. This ensures the court hears your side before making decisions on appointment of a personal representative or the handling of the property.